Special Local Regulations for Marine Events; Patuxent River, Solomons, MD, 52865-52867 [2011-21598]

Download as PDF Federal Register / Vol. 76, No. 164 / Wednesday, August 24, 2011 / Rules and Regulations Amendments to the Regulations For the reasons set forth in the preamble, those portions of the temporary rule published as T.D. TTB– 89 in the Federal Register at 76 FR 3502 on January 20, 2011, that amended 27 CFR parts 24, 25, 26, 40, 41, and 70 are adopted as a final rule without change. Signed: June 2, 2011. John J. Manfreda, Administrator. Approved: June 21, 2011. Timothy E. Skud, Deputy Assistant Secretary. (Tax, Trade, and Tariff Policy). [FR Doc. 2011–21615 Filed 8–23–11; 8:45 am] BILLING CODE 4810–31–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG–2011–0266] RIN 1625–AA08 Special Local Regulations for Marine Events; Patuxent River, Solomons, MD Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing special local regulations during the ‘‘Chesapeake Challenge’’ power boat races, a marine event to be held on the waters of the Patuxent River, near Solomons, MD on September 24 and 25, 2011. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to temporarily restrict vessel traffic in a portion of the Patuxent River during the event. DATES: This rule is effective from 10 a.m. on September 24, 2011 until 6 p.m. on September 25, 2011. ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG–2011–0266 and are available online by going to https:// www.regulations.gov, inserting USCG– 2011–0266 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ This material is also available for inspection or copying at the Docket Management Facility (M– 30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. wreier-aviles on DSKGBLS3C1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:25 Aug 23, 2011 Jkt 223001 If you have questions on this temporary rule, call or e-mail Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD; telephone 410–576–2674, e-mail Ronald.L.Houck@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Regulatory Information On June 20, 2011, we published a notice of proposed rulemaking (NPRM) entitled ‘‘Special Local Regulations for Marine Events; Patuxent River, Solomons, MD’’ in the Federal Register (76 FR 118). We received no comments on the proposed rule. No public meeting was requested, and none was held. Basis and Purpose On September 24 and 25, 2011, the Chesapeake Bay Power Boat Association will sponsor power boat races on the Patuxent River near Solomons, MD. The event consists of offshore power boats racing in a counter-clockwise direction on an irregularly-shaped course located between the Governor Thomas Johnson Memorial (SR–4) Bridge and the U.S. Naval Air Station Patuxent River, MD. The start and finish lines will be located near the Solomon’s Pier. A large spectator fleet is expected during the event. Due to the need for vessel control during the event, the Coast Guard will temporarily restrict vessel traffic in the event area to provide for the safety of participants, spectators and other transiting vessels. Discussion of Comments and Changes The Coast Guard received no comments in response to the NPRM. No public meeting was requested and none was held. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 52865 and Budget has not reviewed it under those Orders. We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. Although this regulation will prevent traffic from transiting a portion of the Patuxent River during the event, the effect of this regulation will not be significant due to the limited duration that the regulated area will be in effect and the extensive advance notifications that will be made to the maritime community via the Local Notice to Mariners and marine information broadcasts, so mariners can adjust their plans accordingly. Additionally, the regulated area has been narrowly tailored to impose the least impact on general navigation yet provide the level of safety determined to be necessary. Vessel traffic will be able to transit safely through a portion regulated area, westward and southward of the spectator fleet area. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule may affect the following entities, some of which might be small entities: the owners or operators of vessels intending to transit or anchor in the effected portions of the Patuxent River during the event. Although this regulation prevents traffic from transiting a portion of the Patuxent River at Solomons, MD during the event, this rule will not have a significant economic impact on a substantial number of small entities for the following reasons. This rule would be in effect for only a limited period. Though the regulated area extends across the entire width of the river, vessel traffic will be able to transit safely around the spectator fleet and race course areas within the regulated area. Before the enforcement period, we will issue maritime advisories so mariners can adjust their plans accordingly. E:\FR\FM\24AUR1.SGM 24AUR1 52866 Federal Register / Vol. 76, No. 164 / Wednesday, August 24, 2011 / Rules and Regulations Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), in the NPRM we offered to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking process. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1–888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act wreier-aviles on DSKGBLS3C1PROD with RULES The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. VerDate Mar<15>2010 15:25 Aug 23, 2011 Jkt 223001 Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have concluded this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2–1, paragraph (34)(h), of the Instruction. This rule involves implementation of regulations within 33 CFR part 100 applicable to organized marine events on the navigable waters of the United States that could negatively impact the safety of waterway users and shore side activities in the event area. The category of water activities includes but is not limited to sail boat regattas, boat parades, power boat racing, swimming events, crew racing, canoe and sail board racing. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: ■ Authority: 33 U.S.C. 1233. 2. Add temporary § 100.35–T05–0266 to read as follows: ■ § 100.35–T05–0266 Special Local Regulations for Marine Events; Patuxent River, Solomons, MD. (a) Regulated area. The following location is a regulated area: All waters of the Patuxent River, within lines connecting the following positions: from latitude 38°19′45″ N, longitude 076°28′06″ W, thence to latitude 38°19′24″ N, longitude 076°28′30″ W, thence to latitude 38°18′32″ N, longitude 076°28′14″ W; and from latitude 38°17′38″ N, longitude 076°27′26″ W, thence to latitude 38°18′00″ N, longitude 076°26′41″ W, thence to latitude 38°18′59″ N, E:\FR\FM\24AUR1.SGM 24AUR1 wreier-aviles on DSKGBLS3C1PROD with RULES Federal Register / Vol. 76, No. 164 / Wednesday, August 24, 2011 / Rules and Regulations longitude 076°27′20″ W, located at Solomons, Maryland. All coordinates reference Datum NAD 1983. (b) Definitions—(1) Coast Guard Patrol Commander means a commissioned, warrant, or petty officer of the U.S. Coast Guard who has been designated by the Commander, Coast Guard Sector Baltimore. (2) Official Patrol means any vessel assigned or approved by Commander, Coast Guard Sector Baltimore with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. (3) Participant means all vessels participating in the Chesapeake Challenge under the auspices of the Marine Event Permit issued to the event sponsor and approved by Commander, Coast Guard Sector Baltimore. (4) Spectator means all persons and vessels not registered with the event sponsor as participants or official patrol. (c) Special local regulations. (1) The Coast Guard Patrol Commander may forbid and control the movement of all vessels in the regulated area. When hailed or signaled by an official patrol vessel, a vessel in the regulated area shall immediately comply with the directions given. Failure to do so may result in expulsion from the area, citation for failure to comply, or both. (2) The Coast Guard Patrol Commander may terminate the event, or the operation of any vessel participating in the event, at any time it is deemed necessary for the protection of life or property. (3) All vessel traffic, not involved with the event, will be allowed to transit the regulated area and shall proceed in a northerly or southerly direction westward of the spectator area, taking action to avoid a close-quarters situation with spectators, until finally past and clear of the regulated area. (4) All Coast Guard vessels enforcing this regulated area can be contacted on marine band radio VHF–FM channel 16 (156.8 MHz). (5) Only participants and official patrol are allowed to enter the race course area. (6) Spectators are allowed inside the regulated area only if they remain within the designated spectator area. Spectators will be permitted to anchor within the designated spectator area. No vessel may anchor within the regulated area outside the designated spectator area. Spectators may contact the Coast Guard Patrol Commander to request permission to pass through the regulated area. If permission is granted, spectators must pass directly through the regulated area outside the race VerDate Mar<15>2010 15:25 Aug 23, 2011 Jkt 223001 course and spectator areas at a safe speed and without loitering. (7) Designated spectator fleet area. The spectator fleet area is located within a line connecting the following positions: latitude 38°19′00″ N, longitude 076°28′22″ W, thence to latitude 38°19′07″ N, longitude 076°28′12″ W, thence to latitude 38°18′53″ N, longitude 076°27′55″ W, thence to latitude 38°18′30″ N, longitude 076°27′45″ W, thence to latitude 38°18′00″ N, longitude 076°27′11″ W, thence to latitude 38°17′54″ N, longitude 076°27′20″ W, thence to the point of origin at latitude 38°19′00″ N, longitude 076°28′22″ W. All coordinates reference datum NAD 83. (8) The Coast Guard will publish a notice in the Fifth Coast Guard District Local Notice to Mariners and issue marine information broadcast on VHF– FM marine band radio announcing specific event date and times. (d) Enforcement periods. This section will be enforced: (1) From 10 a.m. until 6 p.m. on September 24, 2011, and (2) From 10 a.m. until 6 p.m. on September 25, 2011. Dated: August 1, 2011. Mark P. O’Malley, Captain, U.S. Coast Guard, Captain of the Port Baltimore. [FR Doc. 2011–21598 Filed 8–23–11; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2011–0509; FRL–9453–7] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Adoption of Control Techniques Guidelines for Large Appliance and Metal Furniture Coatings Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: EPA is taking direct final action to approve a State Implementation Plan (SIP) revision submitted by the Pennsylvania Department of the Environmental Protection (PADEP). This SIP revision includes amendments to the Commonwealth of Pennsylvania’s regulation 25 Pa. Code Chapter 129 (relating to standards for sources) and meets the requirement to adopt Reasonably Available Control SUMMARY: PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 52867 Technology (RACT) for sources covered by EPA’s Control Techniques Guidelines (CTG) standards for large appliance and metal furniture coatings. These amendments will reduce emissions of volatile organic compound (VOC) emissions from large appliance and metal furniture coating facilities. Therefore, this revision will help the Commonwealth of Pennsylvania attain and maintain the national ambient air quality standard (NAAQS) for ozone. This action is being taken under the Clean Air Act (CAA). DATES: This rule is effective on October 24, 2011 without further notice, unless EPA receives adverse written comment by September 23, 2011. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2011–0509, by one of the following methods: A. https://www.regulations.gov. Follow the on-line instructions for submitting comments. B. E-mail: fernandez.cristina@epa.gov. C. Mail: EPA–R03–OAR–2011–0509, Cristina Fernandez, Associate Director, Office of Air Program Planning, Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previouslylisted EPA Region III address. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R03–OAR–2011– 0509. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or e-mail. The https://www.regulations.gov Web site is an anonymous access system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through https:// www.regulations.gov, your e-mail E:\FR\FM\24AUR1.SGM 24AUR1

Agencies

[Federal Register Volume 76, Number 164 (Wednesday, August 24, 2011)]
[Rules and Regulations]
[Pages 52865-52867]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21598]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-0266]
RIN 1625-AA08


Special Local Regulations for Marine Events; Patuxent River, 
Solomons, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing special local regulations 
during the ``Chesapeake Challenge'' power boat races, a marine event to 
be held on the waters of the Patuxent River, near Solomons, MD on 
September 24 and 25, 2011. These special local regulations are 
necessary to provide for the safety of life on navigable waters during 
the event. This action is intended to temporarily restrict vessel 
traffic in a portion of the Patuxent River during the event.

DATES: This rule is effective from 10 a.m. on September 24, 2011 until 
6 p.m. on September 25, 2011.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2011-0266 and are available online by going to 
https://www.regulations.gov, inserting USCG-2011-0266 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail Mr. Ronald Houck, U.S. Coast Guard 
Sector Baltimore, MD; telephone 410-576-2674, e-mail 
Ronald.L.Houck@uscg.mil. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On June 20, 2011, we published a notice of proposed rulemaking 
(NPRM) entitled ``Special Local Regulations for Marine Events; Patuxent 
River, Solomons, MD'' in the Federal Register (76 FR 118). We received 
no comments on the proposed rule. No public meeting was requested, and 
none was held.

Basis and Purpose

    On September 24 and 25, 2011, the Chesapeake Bay Power Boat 
Association will sponsor power boat races on the Patuxent River near 
Solomons, MD. The event consists of offshore power boats racing in a 
counter-clockwise direction on an irregularly-shaped course located 
between the Governor Thomas Johnson Memorial (SR-4) Bridge and the U.S. 
Naval Air Station Patuxent River, MD. The start and finish lines will 
be located near the Solomon's Pier. A large spectator fleet is expected 
during the event. Due to the need for vessel control during the event, 
the Coast Guard will temporarily restrict vessel traffic in the event 
area to provide for the safety of participants, spectators and other 
transiting vessels.

Discussion of Comments and Changes

    The Coast Guard received no comments in response to the NPRM. No 
public meeting was requested and none was held.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Executive Order 12866 
or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under those Orders. We expect the 
economic impact of this rule to be so minimal that a full Regulatory 
Evaluation under the regulatory policies and procedures of DHS is 
unnecessary. Although this regulation will prevent traffic from 
transiting a portion of the Patuxent River during the event, the effect 
of this regulation will not be significant due to the limited duration 
that the regulated area will be in effect and the extensive advance 
notifications that will be made to the maritime community via the Local 
Notice to Mariners and marine information broadcasts, so mariners can 
adjust their plans accordingly. Additionally, the regulated area has 
been narrowly tailored to impose the least impact on general navigation 
yet provide the level of safety determined to be necessary. Vessel 
traffic will be able to transit safely through a portion regulated 
area, westward and southward of the spectator fleet area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule may affect the following entities, some of which 
might be small entities: the owners or operators of vessels intending 
to transit or anchor in the effected portions of the Patuxent River 
during the event.
    Although this regulation prevents traffic from transiting a portion 
of the Patuxent River at Solomons, MD during the event, this rule will 
not have a significant economic impact on a substantial number of small 
entities for the following reasons. This rule would be in effect for 
only a limited period. Though the regulated area extends across the 
entire width of the river, vessel traffic will be able to transit 
safely around the spectator fleet and race course areas within the 
regulated area. Before the enforcement period, we will issue maritime 
advisories so mariners can adjust their plans accordingly.

[[Page 52866]]

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies. This rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34)(h), of 
the Instruction. This rule involves implementation of regulations 
within 33 CFR part 100 applicable to organized marine events on the 
navigable waters of the United States that could negatively impact the 
safety of waterway users and shore side activities in the event area. 
The category of water activities includes but is not limited to sail 
boat regattas, boat parades, power boat racing, swimming events, crew 
racing, canoe and sail board racing. An environmental analysis 
checklist and a categorical exclusion determination are available in 
the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.


0
2. Add temporary Sec.  100.35-T05-0266 to read as follows:


Sec.  100.35-T05-0266  Special Local Regulations for Marine Events; 
Patuxent River, Solomons, MD.

    (a) Regulated area. The following location is a regulated area: All 
waters of the Patuxent River, within lines connecting the following 
positions: from latitude 38[deg]19[min]45[sec] N, longitude 
076[deg]28[min]06[sec] W, thence to latitude 38[deg]19[min]24[sec] N, 
longitude 076[deg]28[min]30[sec] W, thence to latitude 
38[deg]18[min]32[sec] N, longitude 076[deg]28[min]14[sec] W; and from 
latitude 38[deg]17[min]38[sec] N, longitude 076[deg]27[min]26[sec] W, 
thence to latitude 38[deg]18[min]00[sec] N, longitude 
076[deg]26[min]41[sec] W, thence to latitude 38[deg]18[min]59[sec] N,

[[Page 52867]]

longitude 076[deg]27[min]20[sec] W, located at Solomons, Maryland. All 
coordinates reference Datum NAD 1983.
    (b) Definitions--(1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the U.S. Coast Guard who has 
been designated by the Commander, Coast Guard Sector Baltimore.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector Baltimore with a commissioned, warrant, 
or petty officer on board and displaying a Coast Guard ensign.
    (3) Participant means all vessels participating in the Chesapeake 
Challenge under the auspices of the Marine Event Permit issued to the 
event sponsor and approved by Commander, Coast Guard Sector Baltimore.
    (4) Spectator means all persons and vessels not registered with the 
event sponsor as participants or official patrol.
    (c) Special local regulations. (1) The Coast Guard Patrol Commander 
may forbid and control the movement of all vessels in the regulated 
area. When hailed or signaled by an official patrol vessel, a vessel in 
the regulated area shall immediately comply with the directions given. 
Failure to do so may result in expulsion from the area, citation for 
failure to comply, or both.
    (2) The Coast Guard Patrol Commander may terminate the event, or 
the operation of any vessel participating in the event, at any time it 
is deemed necessary for the protection of life or property.
    (3) All vessel traffic, not involved with the event, will be 
allowed to transit the regulated area and shall proceed in a northerly 
or southerly direction westward of the spectator area, taking action to 
avoid a close-quarters situation with spectators, until finally past 
and clear of the regulated area.
    (4) All Coast Guard vessels enforcing this regulated area can be 
contacted on marine band radio VHF-FM channel 16 (156.8 MHz).
    (5) Only participants and official patrol are allowed to enter the 
race course area.
    (6) Spectators are allowed inside the regulated area only if they 
remain within the designated spectator area. Spectators will be 
permitted to anchor within the designated spectator area. No vessel may 
anchor within the regulated area outside the designated spectator area. 
Spectators may contact the Coast Guard Patrol Commander to request 
permission to pass through the regulated area. If permission is 
granted, spectators must pass directly through the regulated area 
outside the race course and spectator areas at a safe speed and without 
loitering.
    (7) Designated spectator fleet area. The spectator fleet area is 
located within a line connecting the following positions: latitude 
38[deg]19'00'' N, longitude 076[deg]28'22'' W, thence to latitude 
38[deg]19'07'' N, longitude 076[deg]28'12'' W, thence to latitude 
38[deg]18'53'' N, longitude 076[deg]27'55'' W, thence to latitude 
38[deg]18'30'' N, longitude 076[deg]27'45'' W, thence to latitude 
38[deg]18'00'' N, longitude 076[deg]27'11'' W, thence to latitude 
38[deg]17'54'' N, longitude 076[deg]27'20'' W, thence to the point of 
origin at latitude 38[deg]19'00'' N, longitude 076[deg]28'22'' W. All 
coordinates reference datum NAD 83.
    (8) The Coast Guard will publish a notice in the Fifth Coast Guard 
District Local Notice to Mariners and issue marine information 
broadcast on VHF-FM marine band radio announcing specific event date 
and times.
    (d) Enforcement periods. This section will be enforced:
    (1) From 10 a.m. until 6 p.m. on September 24, 2011, and
    (2) From 10 a.m. until 6 p.m. on September 25, 2011.

    Dated: August 1, 2011.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2011-21598 Filed 8-23-11; 8:45 am]
BILLING CODE 9110-04-P
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